DELHI DEVELOPMENT AUTHORITY Vs. ADITYA KUMAR JAJODIA

JUDGEMENT

(1.) The appellant Delhi Development Authority has preferred an appeal against the judgment of the learned single Judge in WP(C) No. 5523/2004 dated 25.8.2004. The appeal itself has been filed after delay of 123 days and thus CM No. 3689/2005 has been filed for condonation of delay in filing the appeal. On perusal of the impugned order and the facts recorded therein it is apparent that this appeal is clearly an abuse of the process of law apart from the aspect of delay in filing the appeal.

(2.) The respondent herein had earlier filed Civil Writ Petition No. 3453/2000 which was allowed by the learned single Judge in terms of the order dated 25.11.2002. However, in view of the pendency of an appeal before the Supreme Court, certain directions were passed while allowing the said writ petition.

(3.) It is necessary to set out the facts to appreciate the controversy in question. One Smt. Pushpa Kumari Devi, widow of late Dr. Nagendra singh was the perpetual lessee of a plot bearing No.15, Palam Marg, Vasant Vihar, New Delhi, on which a house had been constructed. Dr. Nagendra Singh had predeceased Smt. Pushpa Kumari Devi. Smt. Pushpa Kumari Devi passed away on 11.8.1996 and prior to her demise she had executed a Registered Will dated 24.5.1995 bequeathing the property in favour of the respondent. The couple was issueless and according to the averments made in the writ petition, they used to treat the respondent as their own son and had close family relations for over 30 years. The respondent is stated to have spent his childhood in Europe and was a member of the household of Dr. Nagendra Singh both in Europe and New Delhi.